U.S. v. MIELE

No. 91-3855.

989 F.2d 659 (1993)

UNITED STATES of America, Appellee, v. Anthony M. MIELE; John Jay McElfresh; Charles J. Walters; Patrick T. Reinstadtler; James F. Foster, Anthony M. Miele, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 22, 1993.


Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Michael L. Ivory (argued), Paul J. Brysh, Asst. U.S. Attys., Pittsburgh, PA, for appellee.

Caroline M. Roberto (argued), Pittsburgh, PA, for appellants.

Before: BECKER, MANSMANN, and NYGAARD, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

In this appeal under the Sentencing Guidelines, the defendant Anthony Miele challenges the district court's attribution of drug quantity, which was the basis under the Guidelines for determining the length of his sentence. In view of the numerous inconsistencies in the record, the fact that the source of most of the critical evidence was an addict-informant with an impaired memory, and the lack of any findings...

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